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Legal Action Against DOL
- Thread starter gc_dude123
- Start date
gc_dude123
Registered Users (C)
Guys,
Chill out. Its not the time for this.
We had a conference call with Rajeev and it was informative. He was really helpful. He said that legal option against DOL doesn't stand a chance. So I think filing a law suit is not an option anymore. He also mentioned that they have a conference call with DOL tomorrow regarding PERM implementation.
Action Items:
We need to select about 10-15 cases which have suffered the most and have been taking the longest amount of time. The benefeciaries of these cases need to write up their story detailing the hardships they had to endure and send them to Mr. Khanna. Once he gets all of them, he will compile them and send them to the concerned people at DOL. So whoever fits the above criteria, please send a private message in the forum and I can send you the email address of Mr. Khanna. He setup an email specifically for this purpose and has asked us not to distribute it publicly.
Chill out. Its not the time for this.
We had a conference call with Rajeev and it was informative. He was really helpful. He said that legal option against DOL doesn't stand a chance. So I think filing a law suit is not an option anymore. He also mentioned that they have a conference call with DOL tomorrow regarding PERM implementation.
Action Items:
We need to select about 10-15 cases which have suffered the most and have been taking the longest amount of time. The benefeciaries of these cases need to write up their story detailing the hardships they had to endure and send them to Mr. Khanna. Once he gets all of them, he will compile them and send them to the concerned people at DOL. So whoever fits the above criteria, please send a private message in the forum and I can send you the email address of Mr. Khanna. He setup an email specifically for this purpose and has asked us not to distribute it publicly.
USCISisMockery
Registered Users (C)
gc_dude123 said:Guys,
Chill out. Its not the time for this.
We had a conference call with Rajeev and it was informative. He was really helpful. He said that legal option against DOL doesn't stand a chance. So I think filing a law suit is not an option anymore. He also mentioned that they have a conference call with DOL tomorrow regarding PERM implementation.
Action Items:
We need to select about 10-15 cases which have suffered the most and have been taking the longest amount of time. The benefeciaries of these cases need to write up their story detailing the hardships they had to endure and send them to Mr. Khanna. Once he gets all of them, he will compile them and send them to the concerned people at DOL. So whoever fits the above criteria, please send a private message in the forum and I can send you the email address of Mr. Khanna. He setup an email specifically for this purpose and has asked us not to distribute it publicly.
Primary criteria is to have file pending for longest period ?
My suggestion is, we should include some RIR cases also and not just non-RIR.
If we can get compiled version (of 10-15 anonymous cases combined) posted here, it can be sent to other groups like ilw.com, murthy.com, cyrus mehta
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May be the Oldest Case !
Maryland SWA - RD May 21st, 2001 (RIR, EB2)
Moved to Phil DOL - Oct 9, 2003.
Yet to receive any letter from BEC or DOL etc.
I am a SW engineer was employed with one of the known companies based in Maryland. My case was filed on May 21st, 2001. My 6 years compeleted on August 2003. Subsequently got the 7th year extension for 2003/04, 8th year for 2004/05. In May 2004, my whole diviosn was sold to another competitor. But fortunately, our sister concern company based in LA offerred me the job and was transferred as inter-company transfer. Both comapnies belong to same goup of comapnies. My old company is continuing with the case.
Since the new comapny was based in LA, CA a H1 transfer(basically new one by new comapny) was obtained and joined the new company in Sept 2004. The new company has filed a Non-RIR application with CA SWA with RD of Nov 12, 2004. I had detailed conversation with our company attorney on various issues why non-rir, PERM, 9th year extension etc. With advent of PERM, in my case my company has stop efforts to file in RIR category. Since PERM is relatively new and because of my unusual circumstances, the attorney would like to wait and see how things progresses with PERM and then decide to persue the traditional case or convert to PERM.
I watch the postings here with amusement that, prople who filed in 2003, 2004 are getting 45 days notice, but I am yet to receive this. Only last week my old company confirmed that they have not recd. any 45 days notice. I think I can only wait and hope for the best. If we have to return to INDIA, so be it. No hard feelings.
I hope this story would be of some help to you all.
Wishing the very best to all and good luck.
Maryland SWA - RD May 21st, 2001 (RIR, EB2)
Moved to Phil DOL - Oct 9, 2003.
Yet to receive any letter from BEC or DOL etc.
I am a SW engineer was employed with one of the known companies based in Maryland. My case was filed on May 21st, 2001. My 6 years compeleted on August 2003. Subsequently got the 7th year extension for 2003/04, 8th year for 2004/05. In May 2004, my whole diviosn was sold to another competitor. But fortunately, our sister concern company based in LA offerred me the job and was transferred as inter-company transfer. Both comapnies belong to same goup of comapnies. My old company is continuing with the case.
Since the new comapny was based in LA, CA a H1 transfer(basically new one by new comapny) was obtained and joined the new company in Sept 2004. The new company has filed a Non-RIR application with CA SWA with RD of Nov 12, 2004. I had detailed conversation with our company attorney on various issues why non-rir, PERM, 9th year extension etc. With advent of PERM, in my case my company has stop efforts to file in RIR category. Since PERM is relatively new and because of my unusual circumstances, the attorney would like to wait and see how things progresses with PERM and then decide to persue the traditional case or convert to PERM.
I watch the postings here with amusement that, prople who filed in 2003, 2004 are getting 45 days notice, but I am yet to receive this. Only last week my old company confirmed that they have not recd. any 45 days notice. I think I can only wait and hope for the best. If we have to return to INDIA, so be it. No hard feelings.
I hope this story would be of some help to you all.
Wishing the very best to all and good luck.
gc_dude - thanks for your effort - did you guys talk about the unfair implementation which is going to happen with PERM ? I mean is Rajiv going to bring up the fact that the PERM cases being approved before the backlogs is not right..or the fact that the DOL can allocate resources to clear backlogs first before concentrating on PERM
gc_dude123 said:Guys,
Chill out. Its not the time for this.
We had a conference call with Rajeev and it was informative. He was really helpful. He said that legal option against DOL doesn't stand a chance. So I think filing a law suit is not an option anymore. He also mentioned that they have a conference call with DOL tomorrow regarding PERM implementation.
Action Items:
We need to select about 10-15 cases which have suffered the most and have been taking the longest amount of time. The benefeciaries of these cases need to write up their story detailing the hardships they had to endure and send them to Mr. Khanna. Once he gets all of them, he will compile them and send them to the concerned people at DOL. So whoever fits the above criteria, please send a private message in the forum and I can send you the email address of Mr. Khanna. He setup an email specifically for this purpose and has asked us not to distribute it publicly.
great job!
great job, gc_dude. lets hope that they would do something to speedup the backlog elimination after hearing our stories.
great job, gc_dude. lets hope that they would do something to speedup the backlog elimination after hearing our stories.
gc_dude123 said:Guys,
Chill out. Its not the time for this.
We had a conference call with Rajeev and it was informative. He was really helpful. He said that legal option against DOL doesn't stand a chance. So I think filing a law suit is not an option anymore. He also mentioned that they have a conference call with DOL tomorrow regarding PERM implementation.
Action Items:
We need to select about 10-15 cases which have suffered the most and have been taking the longest amount of time. The benefeciaries of these cases need to write up their story detailing the hardships they had to endure and send them to Mr. Khanna. Once he gets all of them, he will compile them and send them to the concerned people at DOL. So whoever fits the above criteria, please send a private message in the forum and I can send you the email address of Mr. Khanna. He setup an email specifically for this purpose and has asked us not to distribute it publicly.
ksyed said:Maryland SWA - RD May 21st, 2001 (RIR, EB2)
Moved to Phil DOL - Oct 9, 2003.
Yet to receive any letter from BEC or DOL etc.
I am a SW engineer was employed with one of the known companies based in Maryland. My case was filed on May 21st, 2001. My 6 years compeleted on August 2003. Subsequently got the 7th year extension for 2003/04, 8th year for 2004/05. In May 2004, my whole diviosn was sold to another competitor. But fortunately, our sister concern company based in LA offerred me the job and was transferred as inter-company transfer. Both comapnies belong to same goup of comapnies. My old company is continuing with the case.
Since the new comapny was based in LA, CA a H1 transfer(basically new one by new comapny) was obtained and joined the new company in Sept 2004. The new company has filed a Non-RIR application with CA SWA with RD of Nov 12, 2004. I had detailed conversation with our company attorney on various issues why non-rir, PERM, 9th year extension etc. With advent of PERM, in my case my company has stop efforts to file in RIR category. Since PERM is relatively new and because of my unusual circumstances, the attorney would like to wait and see how things progresses with PERM and then decide to persue the traditional case or convert to PERM.
I watch the postings here with amusement that, prople who filed in 2003, 2004 are getting 45 days notice, but I am yet to receive this. Only last week my old company confirmed that they have not recd. any 45 days notice. I think I can only wait and hope for the best. If we have to return to INDIA, so be it. No hard feelings.
I hope this story would be of some help to you all.
Wishing the very best to all and good luck.
Given everything you have gone through, I really applaud your positive attitude ksyed! Best of luck!
Here is mine
LC was filed with previous employer at the infamous NY SWA in Dec. 2001. Company closed the business unit in early 2004. Had to find a job (non IT) within two months already on 7th yr H-1B. Filed new LC with new employer in July 2004 with EB3 unfortunately. New LC is in a formerly relatively faster state. I was hoping LC would be cleared within a year. But then there came the BECs halting everything to a complete stop for many months. Now mine is stuck at the very bottom of the big pile. Not to mention the pay cut, and the move from an expensive area to a really expensive area.
LC was filed with previous employer at the infamous NY SWA in Dec. 2001. Company closed the business unit in early 2004. Had to find a job (non IT) within two months already on 7th yr H-1B. Filed new LC with new employer in July 2004 with EB3 unfortunately. New LC is in a formerly relatively faster state. I was hoping LC would be cleared within a year. But then there came the BECs halting everything to a complete stop for many months. Now mine is stuck at the very bottom of the big pile. Not to mention the pay cut, and the move from an expensive area to a really expensive area.
puhrince said:gc_dude - thanks for your effort - did you guys talk about the unfair implementation which is going to happen with PERM ? I mean is Rajiv going to bring up the fact that the PERM cases being approved before the backlogs is not right..or the fact that the DOL can allocate resources to clear backlogs first before concentrating on PERM
There was a discussion about this but what Mr. khanna said is that its agreed that PERM going fast is unfair on others but is there anything legally wrong on part of DOL?
I would have to agree with him that legally DOL has not done anything wrong, they can always say we have open BEC to process pending cases.
no my point is not about legality here and not about suing DOL - my point is whether Mr.Khanna can point out this fact to the DOL and ask them to reallocate resources (which are currently for the NPC's) to the BEC's to maintain a fair process - we should like to hear what the DOL has to got to say about that..I have nothing against opening BEC's but completing the backlogs can be done sooner if they get the PERM people to add on to the BEC's for a while
GC_Lover said:There was a discussion about this but what Mr. khanna said is that its agreed that PERM going fast is unfair on others but is there anything legally wrong on part of DOL?
I would have to agree with him that legally DOL has not done anything wrong, they can always say we have open BEC to process pending cases.
What is the reason for delays?
Are they choosing candidate based on qualification, merit, company they work for ? Or just choosing a lot to process and leaving behind others?
Is this going on with a planned move so that US jobs are not sucked by these GC holders?
PERM Regulation and RIR regulation is somewhat similar. May be PERM specifies where to give ad and how long ? That could have been mentioned through RIR with rule change.
Is this PERM is not just eye wash to delay further? Who is benefitting by this?
Are they choosing candidate based on qualification, merit, company they work for ? Or just choosing a lot to process and leaving behind others?
Is this going on with a planned move so that US jobs are not sucked by these GC holders?
PERM Regulation and RIR regulation is somewhat similar. May be PERM specifies where to give ad and how long ? That could have been mentioned through RIR with rule change.
Is this PERM is not just eye wash to delay further? Who is benefitting by this?
Is this legal?
You wanted to do some work for somebody. you took money to do it from 1000 people. After sometime you slowed down work for these people and started working for next 1000 people.
Is this legal by Law?
GC_Lover said:There was a discussion about this but what Mr. khanna said is that its agreed that PERM going fast is unfair on others but is there anything legally wrong on part of DOL?
I would have to agree with him that legally DOL has not done anything wrong, they can always say we have open BEC to process pending cases.
You wanted to do some work for somebody. you took money to do it from 1000 people. After sometime you slowed down work for these people and started working for next 1000 people.
Is this legal by Law?
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AM4GC said:You wanted to do some work for somebody. you took money to do it from 1000 people. After sometime you slowed work for these people and started working for next 1000 people.
Is this illegal?
puhrince said:no my point is not about legality here and not about suing DOL - my point is whether Mr.Khanna can point out this fact to the DOL and ask them to reallocate resources (which are currently for the NPC's) to the BEC's to maintain a fair process - we should like to hear what the DOL has to got to say about that..I have nothing against opening BEC's but completing the backlogs can be done sooner if they get the PERM people to add on to the BEC's for a while
There is even no need to reallocate anybody. Since most of the staff in NPC will be new and untrained people, like most of the staff in the two BECs, wouldn't it be more simple just to hire twice as much workers to handle the applications? Then they will clear the whole backlog for 12-15 months which is a reasonable wait for us. And if the salary of these people is a big concern, then put a fee, say $1000 that each applicant have to pay and volia - problem solved. Personally, I think that paying $1000 now is a small price to pay for the peace of mind that comes with an approved LC.
Eli
issue
I think the issue is that new filers will get their labour approved before filers upto 3 years ago. This can't be fair i.e. legal. This will also cause the next step (I140) to backlog furthur as well making it even more unfair for BEC folks.
I think there is a strong case to be made against this.
I think the issue is that new filers will get their labour approved before filers upto 3 years ago. This can't be fair i.e. legal. This will also cause the next step (I140) to backlog furthur as well making it even more unfair for BEC folks.
I think there is a strong case to be made against this.
gc_dude123
Registered Users (C)
Mr. Khanna agreed that what DOL is doing with the PERM applications in unfair. But since there is no legal precedent, he doesn't think that we would gain anything legally. So instead of coercing DOL, we would request them with our heartwarming stories and may be they would be inclined to listen our suggestions as well. Also, once we have these ready, we can ask Mr. Khanna to make a note of the "unfair" practice at DOL in the letter.
I think ksyed's story would definitely qualify for our letter. Really sorry, man.
I think ksyed's story would definitely qualify for our letter. Really sorry, man.
Anand_Mishra
Registered Users (C)
puhrince said:good points you all - well gc_dude and the others who were in the call - this is what needs to be brought up with Mr.Khanna next time, and ask him if this defines legality or not..if not, there is a way this should be brought to notice to DOL
Good Work GC_dude and others. After reading ksyed story, if feel I am lucky and waiting for LC from 2001.
USCISisMockery
Registered Users (C)
We need some more heartwarming stories life ksye'd. Maybe we should also touch part where it affects our family life (children...), personal like (can't settle down, buying house, retirement planning...).
Three and half (SWA-> Regional -> 140 -> 485) stages for GC
- initially we had backlog for SWA (NJ, NY),
- then came Regional (NY),
- then came 485 (visa retrogression), guess whats next ?
- I think now we are screwed in 140 stage , if DOL starts processing PERM cases by leaps and bounds.
PERM has to stop.
PERM is trump card for DOL. By implementing PERM in infancy stage, now it can show politicians and corporations that its processing labor within 2-3 months. Its exactly like some developing nations where urban centers are booming but rural areas are still undeveloped.
I think AILA should get involved in this. Lets compile such (ksye'd) hearthwarming stories, send to all the immigration firms/organizations around the country (ILW, Murthy, Rajiv, AILA, Fragomen, Cyrus Mehta...) and let them take some action.
So our action points are :-
- 10 heartwarming stories
- compile these stories
- add summary with our demands (rather requests)
- let everyone send this letter to immigration law firms
Three and half (SWA-> Regional -> 140 -> 485) stages for GC
- initially we had backlog for SWA (NJ, NY),
- then came Regional (NY),
- then came 485 (visa retrogression), guess whats next ?
- I think now we are screwed in 140 stage , if DOL starts processing PERM cases by leaps and bounds.
PERM has to stop.
PERM is trump card for DOL. By implementing PERM in infancy stage, now it can show politicians and corporations that its processing labor within 2-3 months. Its exactly like some developing nations where urban centers are booming but rural areas are still undeveloped.
I think AILA should get involved in this. Lets compile such (ksye'd) hearthwarming stories, send to all the immigration firms/organizations around the country (ILW, Murthy, Rajiv, AILA, Fragomen, Cyrus Mehta...) and let them take some action.
So our action points are :-
- 10 heartwarming stories
- compile these stories
- add summary with our demands (rather requests)
- let everyone send this letter to immigration law firms